Ramsey County District Court File No. K6013253
Considered and decided by Anderson , Presiding Judge, Schumacher , Judge,
and Willis , Judge.
1. A pre-1998 prior impaired-driving-related loss of license may be used as an aggravating factor under Minn. Stat. § 169A.03, subd. 21(3) (2000).
2. When a driver does not seek judicial review of a revocation of driving privileges, subsequent use of the revocation as an aggravating factor under Minn. Stat. § 169A.03, subd. 21(3), does not violate the driver's due-process rights.
The opinion of the court was delivered by: Robert H. Schumacher, Judge
Appellant Juan Alexander Coleman challenges his conviction of first-degree driving while impaired, arguing that Minn. Stat. § 169A.03, subd. 21(3) (2000), does not permit use of the 1994 revocation of his driving privileges as an aggravating factor and that use of a 1999 revocation, of which he did not seek judicial review, violated his due-process rights. We affirm.
Coleman was stopped for speeding in July 2001. The state trooper who stopped Coleman noticed that he smelled of alcohol and his speech was slurred. An Intoxliyzer test showed that Coleman's alcohol conconcentration was.19%.
Before the July 2001 stop, Coleman's driving privileges had twice been revoked under Minnesota's implied-consent statute. In January 1994, Coleman's driving privileges were revoked when he refused to submit to an alcohol-content test. In June 1999, Coleman was again stopped, this time submitting to a test, which showed an alcohol concentration of more than.10%. In connection with the June 1999 incident, Coleman's driving privileges were revoked in September 1999. The criminal charges related to both the January 1994 and June 1999 incidents were dismissed.
After the July 2001 stop, Coleman was convicted of first-degree driving while impaired under Minn. Stat. § 169A.25 (2000). This appeal follows.
1. Under Minn. Stat. § 169A.03, subd. 21(3) (2000), may a pre-1998 prior impaired-driving-related loss of license ...